|u Decision to Amend the Interim Measures for the State-owned Assets Management of Public Institutions (hereinafter referred to as Decision)
On March 29, 2019, the Ministry of Finance issued the "Decision" which amends the Interim Measures for the State-owned Assets Management of Public Institutions. The amendment mainly involves four major issues:
Income by converting scientific and technological achievements of science research institutions or academies may no longer be turned over to the state. All such income will be retained by the units by themselves.
The economic activities such as transfer, licensing, converting to capital contribution of scientific and technological achievements of science research institutions or academies will no longer need government's examination and approval procedures and may be independently decided by the institution or academies themselves.
It is no longer obligatory to conduct asset assessment for transfer, licensing, pricing for capital contribution of scientific and technological achievements of science research institutions or academies. Such converting cost shall be determined by market or through negotiation between the transaction parties.
If there is collusion, fraudulent practices or covert operations to dispose of state-owned assets at price under value engaged in the economic activities of transfer, licensing, pricing for capital contribution of scientific and technological achievements of science research institutions or academies, corresponding penalty shall be imposed. If a crime is involved, it shall be transferred to judicial authorities.
The amendment will facilitate the transformation of scientific and technological achievements of science research institution or academies established by the state and create conditions to retain and attract talents through transfer or converting to capital contribution of their research achievements on market pricing.
|u Implementation Measures of Enforcing IPR in the Field of Online Purchase and Import & Export (hereinafter referred to as Measures)
The General Office of the State Administration for Market Regulation, together with the Ministry of Public Security, the Ministry of Agriculture and Rural Affairs, the General Administration of Customs, the National Copyright Administration and the National Intellectual Property Administration, issued the Implementation Measures of Enforcing IPR in the Field of Online Purchase and Import & Export recently, clarifying that all departments shall cooperate closely to investigate and punish illegal and criminal acts of infringements upon trademark, patent, copyright, new plant variety right, geographical indication mark, trade secret and so on in the field of online purchase and import & export.
As the IPR infringements of online purchase and import & export have nowadays integrative operations both online and offline as well as cross regions and in chain service, Measures put forward six measures: firstly, strengthen law enforcement for supervision, improve supervision measures, intensify punishment, and give full play of primary supervision through “dual random and one public ". Secondly, broaden sources of clues, have complaint & reporting hotline and network monitoring platform fully functioned, establish communication mechanism with rights holders to obtain information of infringement timely.
Thirdly, strengthen law enforcement coordination, establish and complete the mechanism for finding clues, tracing their sources and origins, investigating and giving punishment within territory, handing over clues, and joint investigation, to eradicate sales network and cross-border circulation chain of infringing goods. Fourthly, vigorously promote the connection between administrative law enforcement departments and public security organs, give full play to the respective advantages of two organs to enhance the effectiveness of law enforcement. Fifthly, strengthen the cooperation between government and enterprises, give full play to the role of right holders in infringement investigations and product identification, strengthen self-discipline, jointly prevent from and combat infringement of intellectual property rights and criminal activities. Sixthly, build up systems of case meetings, data statistics, and experts consultation, study and judge the situation of intellectual property infringement, and raise the level of law enforcement.
The implementation of the Measures will facilitate further improve the overall law enforcement capability of intellectual property right, step up efforts to investigate and punish infringement, effectively safeguard the legitimate rights and interests of right holders, and ensure fair competition in the market.
|u Labor Law Tips - Standards on Minimum Wages
1. Till April, 2019, the regional standards on minimum wage are as follows (arranged in order):
Shanghai: RMB 2,480
Shenzhen: RMB 2,200
Beijing: RMB 2,120
Guangzhou: RMB 2,100 (Dongguan: RMB 1,720)
Tianjin: RMB 2,050
Nanjing: RMB 2,020
Hangzhou: RMB 2,010
2. Attention should be paid that the minimum wage should exclude the following three items:
(1) Overtime pay;
(2) The allowance gained from working in special environment or under special conditions;
(3) Welfare and benefits of employees as prescribed by laws, regulations and the State.
3. Does the minimum wage include the social insurance premiums and housing provident funds paid by individual?
(1) Included: This is the practice in most regions of the country, such as Guangdong, Shandong and Zhejiang;
(2) Not included: Beijing and Shanghai.